Shaw Issues a Challenge
By Albert Bregar | 07/21/09 | 08:01 PM EDT | 0 Comments
I most strongly propose an amendment to Iowa’s Constitution which would provide an absolute guarantee of the individual right for Iowans to “Keep and Bear Arms.” I believe that the following language, adopted from Idaho’s state constitution, would ensure against state infringement on this most important right:
“The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.
Iowa is one of only six states that does not provide a constitutional guarantee to its citizens. This leaves Iowans vulnerable to gun control groups to advocate for restrictions on the ownership of firearms and ammunition. The gun control groups could use the same tactics used by homosexual activist groups in legalizing gay marriage.
The Second Amendment to the United States Constitution provides the basis for individual citizens to keep and bear arms. This individual right was recently affirmed by the U.S. Supreme Court in its decision of District of Columbia v. Heller. In reaching its conclusion, the Court considered many factors, one of which was that several of the original states included Second Amendment language in their own constitutions. It drove home the point that that armed citizens are essential to the defense and security of individuals, states, and the nation.
Iowa's constitution (Art. I, § 1) states: “All men are, by nature, free and equal, and have certain inalienable rights—among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.” What is missing is the guarantee of the individual right to keep and bear arms in order to defend life, liberty, and property.
It is important at this time to affirm Iowans’ right to keep and bear arms as failure to do so may result in restrictions which do not outright ban firearms ownership, but rather make ownership difficult or unduly expensive. Consider this from the (Iowa) Legislative Services Agency (Legal Services Division for the General Assembly): “The Supreme Court’s decision interprets the Second Amendment’s “right of the people to keep and bear arms” and is limited in application to the District of Columbia’s total ban on handgun possession in a private District of Columbia residence. The case involved only federal law, so the Court’s decision does not apply directly to the states. Although the Court did caution that the Second Amendment right is not unlimited as possession by felons and mentally ill persons may be prohibited, for example, the Court did not specify or give guidance on what such limitations are or should be in regard to State or local gun laws. The exact scope of permissible firearm regulations by the states is thus left unsettled.” (emphasis added)
TAGS: Tom Shaw, Iowa House District 8, US Constitution, Iowa Constitution, Constitutional amendment, 2nd Amendment,
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